LAKEPORT >> In preparation for today”s opening arguments, Judge Michael Lunas made rulings on all but one issue on Wednesday in the case against three Hell”s Angels members for their alleged involvement in a fight that took place more than three years ago at Konocti Vista Casino.
The ruling on a motion in limine from the defense to exclude testimony from a gang expert will be decided this morning before pre-instructions are given to the jury on the trial”s proceedings.
Opening statements will then be heard from District Attorney Deputy Art Grothe and defense attorneys Patrick Ciocca and Jai Gohel. Attorney Michael Clough, representing Nicolas Carrillo, has opted to make his opening statements at the beginning of the defense”s case, or after evidence has been presented.
Wednesday”s rulings appear to provide an interesting start for the trial that”s seen fits, starts and delays over the last three years. In particular, Lunas ruled to quash a subpoena authored by the defense and of Konocti Vista Casino documents.
The Big Valley Gaming Commission had motioned to quash the subpoena, arguing it is “cloaked with sovereign immunity” from the court”s jurisdiction as a federally recognized tribe.
In granting the motion however, Lunas may have set up the case to become a federal matter, according to Clough. The casino has already provided information and video footage to the prosecution, and while some may interpret the provision of that information to mean the gaming commission has waived its right to sovereign immunity, Lunas has allowed the commission to not give information to the defense.
Though his ruling does not necessarily equate a precedent for other courts to follow, Clough put Lunas on notice that he may be filing a writ of mandamus, or a writ that would request a superior court to correct Lunas”s ruling.
Theoretically, the case could proceed from the appellate court to the California Supreme Court to the U.S. Supreme Court as the issue of a tribe”s immunity from such subpoenas is inherently a federal issue.
Wednesday, Lunas also granted the Clough”s motion to return all of the property that was seized from Carrillo”s home in 2011, including a rifle. The search warrant for the evidence has long expired and no relevant information was found on any of the evidence gathered, according to the court.
Concerning the motions in liminie, or motions that request certain information be excluded from the trial, Lunas partially granted each sides” requests. Motions from Grothe requesting information on Sheriff Frank Rivero”s seemingly unrelated scandals be omitted from the case was granted. The defense had objected to their inclusion, arguing Grothe had used the “laundry list” of allegations as a political maneuver during Rivero”s campaign for re-election, but their exclusion from the case doesn”t make a difference for the defense now, Clough said.
Grothe”s motion to exclude evidence concerning improper involvement and relationships of Rivero with various rancherias in Lake County was denied.
Later, Grothe called the two Vagos Motorcycle Club members who were involved in the fight with the Hell”s Angels members to the stand, according to Clough. Grothe could not be reached for comment by press time and further information on their testimonies will be published in a later edition of the Record-Bee.
